8/20/19
WHAT’ LEFT???
• Under IGRA, Class II gaming includes non-banked card games that are (1) explicitly authorized by the laws of the State,” or (2) not explicitly prohibited by the laws of the State and are played at any location in the State.” 25 U.S.C. § 2703(7).
GAME CLASSIFICATION DISPUTES…
State of Wisconsin vs. Ho-Chunk Nation State argued that poker is Class III in Wisconsin based on the state constitution, which provides that the “legislature may not authorize gambling in any form,” except for the games listed in the constitution. Because poker is not one of the listed exceptions, it is “explicitly prohibited by the laws of the state.” Tribe argued that meaning of “explicitly prohibited” must be read in conjunction with 25 U.S.C. § 2710(b)(1), which allows Class II games if played in a state that “permits such gaming for any purpose by any person, organization, or entity.” The Court ruled for the Tribe. State of Idaho v. Coeur D’Alene Tribe State of Idaho prohibits all forms of gambling other than a state lottery, pari-mutuel betting, and certain bingo and raffle games. Tribe argued that poker does not fall within “gambling” definition because it is a game of skill rather than a game of chance. The Court ruled for the State.
20
Made with FlippingBook - professional solution for displaying marketing and sales documents online